Summary: We will not investigate this complaint about how the Council dealt with a request for a copy of a safeguarding report. This is because the Information Commissioner is better placed to deal with such matters. We cannot deal with the complaint about practices at a hospital because we do not have jurisdiction to investigate the NHS.

The complaint

1. The complainant, who I will call Mrs X, complains about how the Council dealt with a request for information application she submitted, in order to obtain a safeguarding report from the Council which addressed safeguarding concerns she raised about hospitals care of her mother. She also complains that the hospital is continuing to use this practice, which she considers to be inappropriate.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Mrs X’s complaint about how the Council dealt with a Subject Access Request she submitted to get a copy of a safeguarding report. This is because she can complain about this to the Information Commissioner who is best placed to deal with complaints about such matters.
8. The safeguarding report identified risks including those associated with a practice used by the hospital which Mrs X considers inappropriate.. The safeguarding report concluded that these risks will be mitigated by the hospital with oversight from the Care Quality Commission.
9. Mrs X says the practice is outdated and complains about its ongoing use at the hospital. I cannot investigate this element of Mrs X’s complaint because I do not have jurisdiction to investigate the actions of the NHS. Mrs X has complained to the hospital, and if dissatisfied with its response she can escalate her complaint to the Parliamentary and Health Service Ombudsman.

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Final decision

10. We will not investigate Mrs X’s complaint because she can complain to the Information Commissioner. The actions of the NHS are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman